Marinelli v. City of Erie

25 F. Supp. 2d 674, 1998 U.S. Dist. LEXIS 17768, 1998 WL 789631
CourtDistrict Court, W.D. Pennsylvania
DecidedNovember 5, 1998
DocketCivil Action 94-39Erie
StatusPublished
Cited by8 cases

This text of 25 F. Supp. 2d 674 (Marinelli v. City of Erie) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marinelli v. City of Erie, 25 F. Supp. 2d 674, 1998 U.S. Dist. LEXIS 17768, 1998 WL 789631 (W.D. Pa. 1998).

Opinion

OPINION

COHILL, Senior District Judge.

Plaintiff Afred Marinelli was injured during the course of his employment as a shift crew worker for the City of Erie (“the City”), and sustained injuries to his left shoulder, arm, and hand. He subsequently filed this action against his employer under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., alleging failure to reasonably accommodate his physical impairment. We bifurcated the question of liability under the ADA from damages, and the ease proceeded to trial.

A jury found that the City had intentionally discriminated against Mr. Marinelli, under the ADA, because it failed to make a reasonable accommodation to his disability. On special interrogatories, the jury determined that the City became aware of the plaintiffs need for accommodation on November 17, 1992, that it failed to make a good faith effort to reasonably accommodate Mr. Marinelli’s injuries, and that the defendant did not prove that Mr. Marinelli failed to mitigate his damages. The jury awarded Mr. Marinelli $85,-000 in compensatory damages.

Following the jury verdict, we inadvertently granted defendant’s motion to certify the judgment for appeal, and the verdict was appealed to the Court of Appeals for the Third Circuit before damages were determined. The appellate court remanded for lack of jurisdiction. Marinelli v. City of Erie, 135 F.3d 765 No. 96-3078 (3d Cir.1997).

On February 3, 1998, this Court held a bench trial to determine the plaintiffs entitlement to front pay, back pay, prejudgment and postjudgment interest, costs, and attorney’s fees. Testifying for the plaintiff were Lorette Eggleston, a representative from the Pennsylvania Office of Vocational Rehabilitation (“OVR”); George Joseph, one of the plaintiffs attorneys, and Mr. Marinelli. Assistant City Solicitor Christine Ferguson testified on behalf of the City of Erie. The parties filed proposed findings of fact and conclusions of law, and were given an opportunity to file supplemental pleadings after trial.

This Court has jurisdiction under Section 107(a) of the ADA, 42 U.S.C. § 12117, and Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(3) (“Title VII”).

Pursuant to Rule 52 of the Federal Rules of Civil Procedure, we now issue the following findings of fact and conclusions of law on the damages portion of this action.

I. Findings of Fact

A. Backpay

In accordance with the jury’s verdict, any award of back pay will be measured from November 17, 1992, the date on which the City became aware that the plaintiff needed an accommodation. The end date for any award of back pay shall be the date of the verdict: August 29,1996.

Mr. Marinelli’s employment with the City of Erie was governed by a collective bargaining agreement (“CBA”) between the defendant City and General Teamsters Local 397. PL’s Ex. 24. The parties agree that any back pay may be properly calculated in accordance with the terms of that agreement.

The City of Erie offered the plaintiff a position as a stockroom attendant in February of 1996. Mr. Marinelli declined to accept this position. Testimony regarding the position and the plaintiff’s refusal was presented to the jury.

At the time of his accident, Mr. Marinelli had some college credits. We find credible the testimony of Lorette Eggleston, who has been Mr. Marinelli’s vocational counselor at the Pennsylvania OVR, that the individualized written rehabilitation program she developed with the plaintiff included course work at Edinboro University. PL’s Ex. 26. OVR provides counseling to disabled work *678 er’s compensation claimants, as well as funding to assist in retraining and further education. OVR has provided the plaintiff with financial aid for his tuition.

Mr. Marinelli has been enrolled as a full-time student at Edinboro University since the fall of 1995, and, at the instant trial, testified that he expected to graduate in May of 1998 with teaching credentials. Mr. Mari-nelli further testified that he is not interested in reinstatement with the City of Erie, and plans to pursue a career teaching social sciences to secondary school students.

B. Worker’s Compensation

Mr. Marinelli has been receiving worker’s compensation benefits in the amount of $307.60 per week since January 18, 1991, with a brief hiatus during an appeal. The City has contested this award at various times during this litigation, and Mr. Marinelli has retained attorney George Joseph to represent him with his worker’s compensation claim. Since July of 1995, attorney Joseph’s fee has been deducted from the plaintiffs worker’s compensation check and paid directly to Mr. Joseph. The attorney’s fee is 20% of Mr. Marinelli’s worker’s compensation benefits; thus, the plaintiff receives 80% or $246.14 per week.

C. Benefits

During the course of his employment with the City of Erie, health insurance for Mr. Marinelli and his family was paid for by his employer. This coverage was terminated on February 1, 1993. The plaintiff then maintained health insurance coverage through a Teamsters’ group policy for 36 months. A different health insurance policy was in effect from February through April of 1996. Since May 20, 1996, health insurance provided by Mr. Marinelli’s wife’s employer has covered the plaintiff. The evidence shows that Mr. Marinelli spent a total of $18,119.59 for health insurance coverage during the period at issue here. Pl.’s Ex. 29.

II. Conclusions of Law and Discussion

The ADA provides for all remedies available under Title VII, which includes backpay and front pay or reinstatement. Relief under federal employment discrimination statutes is equitable in nature, and thus within the sound discretion of the trial court.

Back pay is intended to make “persons whole for injuries suffered through past discrimination.” Booker v. Taylor Milk Co., Inc., 64 F.3d 860, 864 (3d Cir.1995), quoting Loeffler v. Frank, 486 U.S. 549, 558, 108 S.Ct. 1965, 100 L.Ed.2d 549 (1988). Where there is a finding of discrimination, there is a presumption that back pay should be awarded. Booker, 64 F.3d at 864. A successful Title VII claimant has a statutory duty to mitigate damages. Robinson v. SEPTA, Red Arrow, 982 F.2d 892,2 897 (3d Cir.1993).

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25 F. Supp. 2d 674, 1998 U.S. Dist. LEXIS 17768, 1998 WL 789631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marinelli-v-city-of-erie-pawd-1998.